Sisters ordered to pay security for court costs in sexual assault suit involving Winnipeg church

Warning: This story deals with allegations of sexual assault.

A Manitoba judge has ordered two women who allege they were sexually assaulted by a Winnipeg church youth leader when they were teens to pay security for court costs in order to proceed with their lawsuit.

In a decision issued last week, a Court of King's Bench judge sided with the defendants named in the lawsuit, who argued the women — two sisters now living in Alberta — should front the costs pending the outcome of the case.

Each of the two plaintiffs was ordered to pay a $50,000 security, according to the Dec. 6 decision by Justice Sarah Inness.

The sisters allege Daniel Wiebe repeatedly assaulted them over a period from 1974 until 1979, while he was a youth leader at the Nassau Street Church, formerly known as the Gospel Mennonite Church.

None of the allegations have been proven in court. A trial date has been set for Jan. 13-24, according to Ingrid Hess, the women's lawyer.

Under King's Bench rules, the court can make an order requiring a security for costs if the plaintiff resides outside Manitoba, though it has discretion as to the amount and other factors.

Justice Inness said she was satisfied the women had the money to pay the security and cited previous court decisions that found the general rule in circumstances where plaintiffs live outside the province is to impose the order.

But at least one civil litigator says such orders are rare in sexual assault cases elsewhere in Canada, as they're often seen as a barrier that may keep survivors from coming forward.

Elizabeth Grace, a partner with the Ontario-based law firm Lerners, said she's never heard of anything like it in her 30-year career.

"The average person cannot afford $50,000 just to proceed with a lawsuit that has its own risks and stresses," Grace said.

"On top of that, they've got to pay money out just for the privilege of pursuing justice? It's a huge barrier."

Justice Inness said the defendants had estimated they would each incur $150,000 in fees and disbursements, should the matter proceed through a 10-day trial. They'd requested each plaintiff be ordered to put forward $90,000.

"I am also taking into account the apparent merits of the plaintiffs' claims," the judge wrote in her decision. "The plaintiffs may not prove their allegations at trial, resulting in some or all the claims being dismissed."